The Utah Durable (Financial) Power of Attorney materializes an express commitment to allocating designated rights from one person to another. The durable portion of the power of attorney form applies the understanding that the gained controls will remain in effect should the issuing principal enter an unconscious or comatose state. The statutory form conveys broad sweeping authority for an appointed agent to act and communicate on behalf of the issuing party regarding chosen financial matters. Powers granted to the attorney-in-fact can cover several actions involving bank holdings, real estate, personal property, taxes, and legal proceedings. Making modifications to the paperwork will allow the declarant to fine-tune the contract to suit their needs. Providing permissions at this level can be an important decision, and seeking advice from a lawyer is recommended before signing.
Laws
Statute – Uniform Power of Attorney Act ( § 75-9-101 – § 75-9-403)
Definition – “Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity (§ 75-9-102(2)).
Signing Requirements – Notary presence and verification necessary to legally enforce the contract (§ 75-9-105(1))
Other Versions (3)
Utah Durable (Financial) Power of Attorney – Version 1
Download: Adobe PDF
Utah Durable (Financial) Power of Attorney – Version 2
Download: Adobe PDF
Download: Adobe PDF, MS Word (.docx)
Additional Resources
- John K. Rice Attorney at Law – Power of Attorney: The Power to Act on Your Behalf
- Utah Courts – Power of Attorney
- Utah Legal Services – Powers of Attorney
- Zions Bank – Utah’s New Uniform Power of Attorney Act
Related Forms
Advance Directive (Medical POA & Living Will)
Download: Adobe PDF, MS Word (.docx)
Download: Adobe PDF, MS Word (.docx)
General (Financial) Power of Attorney
Download: Adobe PDF, MS Word (.docx)